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UPDATE: I am being sued for a foreclosure on a home I never owned

Posted by Anonymous   + Show Post
UPDATE: we spoke with an attorney. Basically, i have no responsibility in the payments and cannot be held liable. They also looked at the power of attorney and realized it was fraudulent and misused. We will have to hire an attornwy in Florida to get representation for this.

Thank you all!



First, l start with the fact that I have a legal appt this afternoon. But I do not know what questions to ask.

My husband signed as a consigner to his parents several years ago, before we were ever married. Apparently, his parents have defaulted, but didnt tell my husband. Well, yesterday, someone rang the doorbell and served both my husband and I. We are both named as defendants, along with his parents. Can they sue me since it was before we were married? I just don't know what to ask as I have never been through anything like this.

Any friendly advice is appreciated!
Posted by Anonymous on Apr. 24, 2014 at 7:41 AM
Replies (31-40):
bluebunnybabe
by Ruby Member on Apr. 24, 2014 at 9:26 AM
Exactly. I'm surprised how many people on here think if you get married it's all of a sudden your debt. If they pursue it, she can actually probably countersue. And that one of the things I would be asking the lawyer about.

Quoting Anonymous: In no state is it legal for them to sur you since the debt occurred prior to your marriage. What state are you in and I can pull up the laws. Take them with you to the lawyers office and have him/her communicate with the bank. If they push it threaten to report them to the FTC and any other government or consumer agency you can.
Anonymous
by Anonymous 14 on Apr. 24, 2014 at 9:26 AM

update?

Anonymous
by Anonymous 15 on Apr. 24, 2014 at 9:27 AM

How was he never aware of this? Usually they contact the co signer when the main person doesn't pay. DH gets letters and statements and bills all the time about his sisters school loans that he is a co signer on.

Anonymous
by Anonymous 14 on Apr. 24, 2014 at 9:27 AM

it can be your debt. even if you are married and the other takes out a loan that you don't know about. they can come after you for payment.

Quoting bluebunnybabe: Exactly. I'm surprised how many people on here think if you get married it's all of a sudden your debt. If they pursue it, she can actually probably countersue. And that one of the things I would be asking the lawyer about.
Quoting Anonymous: In no state is it legal for them to sur you since the debt occurred prior to your marriage. What state are you in and I can pull up the laws. Take them with you to the lawyers office and have him/her communicate with the bank. If they push it threaten to report them to the FTC and any other government or consumer agency you can.


bluebunnybabe
by Ruby Member on Apr. 24, 2014 at 9:28 AM
Everything she said is correct. Getting married doesn't make a debt joint.

Quoting Anonymous: That's not true. Quit giving incorrect advice!

Quoting Anonymous: In no state is it legal for them to sur you since the debt occurred prior to your marriage. What state are you in and I can pull up the laws. Take them with you to the lawyers office and have him/her communicate with the bank. If they push it threaten to report them to the FTC and any other government or consumer agency you can.
EarlGrayHot
by on Apr. 24, 2014 at 9:29 AM

Is your a community property state?

bluebunnybabe
by Ruby Member on Apr. 24, 2014 at 9:30 AM
Yes, they will try to come after you but you aren't liable & they won't win. These places try to scare & bully people but if you didn't sign, it's not your debt. Not even here in Texas which is a community property state.

Quoting Anonymous:

it can be your debt. even if you are married and the other takes out a loan that you don't know about. they can come after you for payment.

Quoting bluebunnybabe: Exactly. I'm surprised how many people on here think if you get married it's all of a sudden your debt. If they pursue it, she can actually probably countersue. And that one of the things I would be asking the lawyer about.

Quoting Anonymous: In no state is it legal for them to sur you since the debt occurred prior to your marriage. What state are you in and I can pull up the laws. Take them with you to the lawyers office and have him/her communicate with the bank. If they push it threaten to report them to the FTC and any other government or consumer agency you can.

chicagoliz
by Gold Member on Apr. 24, 2014 at 9:31 AM

Go to court on the appointed date and ask to be removed from the lawsuit.  You might need to file a motion to do this.  Generally, when banks sue for foreclosure, they sue anyone who could possibly have any claim to the title, no matter how remote.  They need to get clear title after the foreclosure is over, so they name anyone with any possible interest in the property.  

Tell the lawyer that you have no interest in the property, that you've never lived there, you never signed the mortgage or note, and you want to be dismissed from the lawsuit.  There may be some state-specific laws that prevent this from happening, and your lawyer should be aware of any of these.  Mostly you want to make sure that you can't have a monetary judgment entered against you.  And if you don't have any legal claim or tie to the property, there is no need for any type of judgment against you.  

Anonymous
by Anonymous 16 on Apr. 24, 2014 at 9:33 AM

When you married, his debts became yours and vice versa.

brettsmomma
by ~Tammie~ on Apr. 24, 2014 at 9:33 AM

it totally depends on the state you live in. I live in WI and when you get married you absorb the other persons debt. Community property states.  

Photo: -Randi.

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